Pereira, Chapter 7 Trustee v. Capala

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:17-cv-03434
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Last Updated June 20, 2019 at 11:57 PM EDT (5.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo John S. Pereira, Chapter 7 Trustee, Plaintiff

Represented by Akerman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John P. Campo +1 212 880 3800 +1 212 880 8965 john.campo@akerman.com
ATTORNEY TO BE NOTICED Scott Michael Kessler +1 212 880 3874 +1 212 905 6411 scott.kessler@akerman.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Phillip Anthony Spinella +1 212 880 3800 +1 212 880 8965 phillip.spinella@akerman.com
v.
No Logo Fire Hill Holdings, LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED Gabriel Del Virginia +1 212 371 5478 +1 212 371 2961 gabriel.delvirginia@verizon.net

Represented by Assaf & Siegal Pllc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael David Assaf +1 518 431 1000 massaf@assafandsiegal.com
No Logo Jennifer Capala, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED Gabriel Del Virginia +1 212 371 5478 +1 212 371 2961 gabriel.delvirginia@verizon.net

Represented by Assaf & Siegal Pllc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael David Assaf +1 518 431 1000 massaf@assafandsiegal.com
No Logo Pawel Capala, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED, TERMINATED: 02/26/2018, ATTORNEY TO BE NOTICED Gabriel Del Virginia +1 212 371 5478 +1 212 371 2961 gabriel.delvirginia@verizon.net
Other Parties
No Logo Robert Wisniewski, Interested Party

Represented by Robert Wisniewski & Associates PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Wisniewski +1 212 267 2101 +1 212 267 8115 rw@rwapc.com
Attributes
Citation Section 11 U.S.C. § 101
Nature of Suit 290 - Real Property: Other
Timeline
  Entries (90) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 73 Filed: 12/21/2018, Entered: None Telephone Conference
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Legal Document (Payment Possibly Required) 72 Filed: 12/8/2018, Entered: None Letter
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Legal Document (Payment Possibly Required) 71 Filed: 12/8/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 71 Filed: 12/7/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 70 Filed: 12/8/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 69 Filed: 12/8/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 68 Filed: 12/8/2018, Entered: None SUMMARY JUDGMENT
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Legal Document (Payment Possibly Required) 65 Filed: 11/28/2018, Entered: None Extension of Time to File Document
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Legal Document (Payment Possibly Required) 65 Filed: 11/27/2018, Entered: None Extension of Time to File Document
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Legal Document (Payment Possibly Required) 64 Filed: 11/21/2018, Entered: None Telephone Conference
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Legal Document (Payment Possibly Required) 63 Filed: 11/14/2018, Entered: None Letter
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Legal Document (Payment Possibly Required) 62 Filed: 11/13/2018, Entered: None Letter
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Legal Document (Payment Possibly Required) 53 Filed: 9/6/2018, Entered: None Order on Motion to Change VenueCourt Filing
ORDER granting 34 Motion to Amend/Correct/Supplement; terminating 34 Motion to Change Venue. See attached Memorandum and Order. Ordered by Magistrate Judge Steven M. Gold on 9/6/2018. (Gold, Steven)
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Legal Document (Payment Possibly Required) 52 Filed: 9/4/2018, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Plaintiff's expert rebuttal report by John S. Pereira, Chapter 7 Trustee. (Kessler, Scott) (Entered: 09/04/2018)
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Legal Document (Payment Possibly Required) 51 Filed: 7/26/2018, Entered: None ~Util - Set HearingsCourt Filing
Minute Entry: Telephone Conference held on 7/26/2018 before Magistrate Judge Steven M. Gold. Campo and Spinella for plaintiff; Assaf for Jennifer Capala and Fire Hill; Wisniewski for plaintiffs in Gortat, 07-cv-3629. The motion to extend the date for completing document discovery to August 1, 2018, Docket Entry 50, is granted. Gortat plaintiffs may file a letter seeking leave to serve subpoenas by August 2, with any objections due August 15 and, if objections are filed, a reply due August 20. THE COURT WILL HOLD A FURTHER TELEPHONE CONFERENCE AT 10:00 AM ON SEPTEMBER 14, 2018. Counsel for plaintiff will arrange the conference call. (FTR Log #2:11-2:38.) (Gillespie, Saudia) (Entered: 07/27/2018)
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Legal Document (Payment Possibly Required) 50 Filed: 7/23/2018, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to Complete Discovery of supplemental document production to Wednesday, August 1, 2018 by John S. Pereira, Chapter 7 Trustee. (Kessler, Scott) (Entered: 07/23/2018)
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Legal Document (Payment Possibly Required) 49 Filed: 6/20/2018, Entered: None Unknown Document Type
DISCLOSURE of Interested Parties by Fire Hill Holdings, LLC, Jennifer Capala. (Assaf, Michael) (Entered: 06/20/2018)
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Legal Document (Payment Possibly Required) 48 Filed: 6/13/2018, Entered: None Unknown Document Type
Letter Pursuant to the Court's text order of June 5, 2018 and in response to the Trustee's Counsel's letter dated June 12, 2018 by Jennifer Capala, Fire Hill Holdings, LLC (Assaf, Michael) (Entered: 06/13/2018)
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Legal Document (Payment Possibly Required) 47 Filed: 6/12/2018, Entered: None Unknown Document Type
Letter pursuant to the Court's text order of June 5, 2018 (D.E. 45) regarding a dispute between the parties regarding the dates for production by Mr. Assaf by John S. Pereira, Chapter 7 Trustee (Campo, John) (Entered: 06/12/2018)
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Legal Document (Payment Possibly Required) 46 Filed: 6/12/2018, Entered: None Unknown Document Type
Letter pursuant to the Court's text order of June 5, 2018 (D.E. 45) informing the Court of the deposition dates agreed upon by the parties by John S. Pereira, Chapter 7 Trustee (Campo, John) (Entered: 06/12/2018)
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Legal Document (Payment Possibly Required) 45 Filed: 6/5/2018, Entered: None ~Util - Set HearingsCourt Filing
Minute Entry: Telephone Conference held on 6/5/2018 before Magistrate Judge Steven M. Gold. Campo, Kessler and Spinella for plaintiff; Assaf for Jennifer Capala and Fire Hill; DelVirginia for Pawel Capala. Wisniewski for plaintiffs in Gortat, 07-cv-3629. (1) All parties consent to consolidation of this matter with 07-cv-3629. (2) The parties will complete remaining discovery, which shall proceed on the assumption that Jennifer Capala's pending motion for leave to amend will be granted, by July 23, 2018. Counsel shall submit a letter by June 12, 2018 setting specific dates for all anticipated depositions. (3) THE COURT WILL HOLD A FURTHER TELEPHONE CONFERENCE AT 2:00 PM ON JULY 26, 2018. COUNSEL FOR PEREIRA SHALL ARRANGE THE CONFERENCE CALL. (FTR Log #10:02-10:21.) (Gillespie, Saudia) (Entered: 06/05/2018)
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Legal Document (Payment Possibly Required) 44 Filed: 6/3/2018, Entered: None Unknown Document Type
Motion to Appear by Telephone at the June 5, 2018 Telepohne Conference by Robert Wisniewski. (Attachments: # 1 Exhibit Joint Prosecution Agreement, # 2 Exhibit Pereira Complaint) (Wisniewski, Robert) (Entered: 06/03/2018)
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Legal Document (Payment Possibly Required) 43 Filed: 5/31/2018, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to Complete Discovery and request for telephone conference by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 05/31/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 4/30/2018, Entered: None Unknown Document Type
Letter re: motion to change venue by Jennifer Capala, Fire Hill Holdings, LLC (Assaf, Michael) (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 4/9/2018, Entered: None Unknown Document Type
REPLY in Support re 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue, 37 Memorandum in Opposition filed by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 04/09/2018)
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Legal Document (Payment Possibly Required) 40 Filed: 4/6/2018, Entered: None Unknown Document Type
REPLY in Support re 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue, 38 Letter MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue, 37 Memorandum in Opposition, 39 Reply in Opposition, filed by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 39 Filed: 4/6/2018, Entered: None Unknown Document Type
REPLY in Opposition re 38 Letter MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue, 37 Memorandum in Opposition filed by John S. Pereira, Chapter 7 Trustee. (Campo, John) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 38 Filed: 4/5/2018, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue, 37 Memorandum in Opposition by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 04/05/2018)
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Legal Document (Payment Possibly Required) 37 Filed: 4/3/2018, Entered: None Unknown Document Type
MEMORANDUM in Opposition re 34 MOTION to Amend/Correct/Supplement 10 Answer to Complaint MOTION to Change Venue filed by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Exhibit A) (Campo, John) (Entered: 04/03/2018)
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Legal Document (Payment Possibly Required) 36 Filed: 3/23/2018, Entered: None Unknown Document TypeCourt Filing
Minute Entry: Telephone Conference held on 3/23/2018 before Magistrate Judge Steven M. Gold. Campo, Kessler and Spinella for plaintiff; Assaf for Jennifer Capala and Fire Hill; DelVirginia for Pawel Capala. The parties have reached an agreement with respect to the preliminary injunction that will be reduced to writing and filed with the Court early next week. Pawel Capala will respond to plaintiff's second set of document demands by April 4. Jennifer Capala and Fire Hill will respond to plaintiff's second set of demands by April 4. Jennifer Capala and Fire Hill will serve interrogatories and document demands by March 30, plaintiff will respond by April 20, and any depositions will be held by June 8, 2018. THE COURT WILL HOLD A FURTHER CONFERENCE, IN PERSON, AT 4:00 PM ON JUNE 18, 2018. (FTR Log #11:33-11:57; 3:10-3:24.) (Gillespie, Saudia) (Entered: 03/26/2018)
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Legal Document (Payment Possibly Required) 35 Filed: 3/22/2018, Entered: None Unknown Document Type
Letter MOTION for Temporary Restraining Order to be modified and response to the Plaintiff's Letter Motions dated March 12, 2018 and March 15, 2018 by Jennifer Capala, Fire Hill Holdings, LLC. (Attachments: # 1 Exhibit A-Release, # 2 Exhibit B-Bank Statements, # 3 Exhibit C-Loan Document) (Assaf, Michael) (Entered: 03/22/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 3/19/2018, Entered: None Unknown Document Type
MOTION to Amend/Correct/Supplement 10 Answer to Complaint, MOTION to Change Venue by Jennifer Capala, Fire Hill Holdings, LLC. (Attachments: # 1 Affidavit of Jennifer Capala, # 2 Exhibit A-Motion to Dismiss in Bankruptcy Case, # 3 Exhibit B-Proposed Amended Answer, # 4 Exhibit C-Fire Hill Holdings, # 5 Exhibit D-Bankruptcy Petition) (Assaf, Michael) (Entered: 03/19/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 3/15/2018, Entered: None Unknown Document Type
Letter MOTION for Discovery to set discovery dealines by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Exhibit) (Campo, John) (Entered: 03/15/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 3/15/2018, Entered: None Unknown Document Type
Letter MOTION for Extension of Time to File Response/Reply as to 31 Letter MOTION to Compel, 26 Order on Motion for TRO,,, Motion Hearing,,, Letter MOTION for Discovery Schedule by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 03/15/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 3/12/2018, Entered: None Unknown Document Type
Letter MOTION to Compel by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Campo, John) (Entered: 03/12/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 3/5/2018, Entered: None Unknown Document Type
Proposed Scheduling Order re: Motion to Change Venue and Amend Answer by Jennifer Capala, Fire Hill Holdings, LLC (Assaf, Michael) (Entered: 03/05/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 2/26/2018, Entered: None Unknown Document Type
Letter MOTION for pre motion conference by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 02/26/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 2/26/2018, Entered: None Unknown Document Type
MOTION to Substitute Attorney by Jennifer Capala, Fire Hill Holdings, LLC. (Attachments: # 1 Exhibit A-Consent to Change Attorney) (Assaf, Michael) (Entered: 02/26/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 2/22/2018, Entered: None Unknown Document Type
MOTION to Substitute Attorney by Jennifer Capala, Fire Hill Holdings, LLC. (Assaf, Michael) (Entered: 02/22/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 2/20/2018, Entered: None Unknown Document TypeCourt Filing
Minute Order: Motion Hearing held on 2/20/2018 before Magistrate Judge Steven M. Gold. Campo and Spinella for plaintiff, Assaf for Jennifer Capala. The parties present negotiate and agree to entry of a preliminary injunction to remain in place until April 23, 2018, absent further order of the Court or stipulation to the contrary. The parties will confer on a discovery schedule and submit a letter setting firm dates for completing all anticipated discovery on or before April 20, 2018. Terminated 15 Motion for TRO. (FTR Log #10:09-10:46; 11:44-11:45.) (Gillespie, Saudia) (Entered: 02/21/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 2/20/2018, Entered: None Unknown Document Type
MOTION for Preliminary Injunction /Consent Order for Preliminary Injunction by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Exhibit Annex A - Lease Agreement) (Campo, John) (Entered: 02/20/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 2/14/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 22 Motion to Adjourn Conference; SCHEDULING ORDER: Hearing set for 2/20/2018 10:00 AM in Courtroom 13D South before Magistrate Judge Steven M. Gold. The parties are then to appear before Judge I. Leo Glasser, also on 2/20/2018, at 11:00 AM in Courtroom 8B South. Ordered by Judge I. Leo Glasser on 2/14/2018. (O'Brien, Luke) (Lee, Tiffeny). Modified to correct clerical error on 3/8/2018. Note conference has already been held (Lee, Tiffeny). (Entered: 02/14/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 2/14/2018, Entered: None Unknown Document Type
Letter by John P. Campo, on behalf of plaintiff John S. Pereira, in response to defendant Jennifer Capala's letter motion (ECF 22) to adjourn conference (O'Brien, Luke) (Entered: 02/14/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 2/14/2018, Entered: None Unknown Document Type
Letter MOTION to Adjourn Conference by Jennifer Capala. (O'Brien, Luke) (Entered: 02/14/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 1/10/2018, Entered: None Unknown Document Type
NOTICE of Appearance by Phillip Anthony Spinella on behalf of All Plaintiffs (aty to be noticed) (Spinella, Phillip) (Entered: 01/10/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 1/8/2018, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Judge I. Leo Glasser on 1/8/2018: Case called for order to show cause. John P. Campo, Esq. and Phillip Spinella, Esq. present for the plaintiff Trustee. Gabriel Del Virginia, Esq. present for the defendants. The parties place on the record their resolution of the motion for a preliminary injunction. They are to submit a proposed consent order. (Court Reporter Charleane Heading.) (Kessler, Stanley) (Entered: 01/08/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 1/8/2018, Entered: None Unknown Document TypeCourt Filing
Minute Entry: Status Conference held on 1/8/2018 before Magistrate Judge Steven M. Gold. Campo for plaintiff, Del Virginia for defendants. The parties report that they expect to be able to reach a stipulation with respect to the monthly rental income that is the subject of plaintiff's pending motion for a TRO. Plaintiff shall submit a letter seeking a case management conference if the status report in Gortat due on January 16 does not indicate that a settlement is within reach. (FTR Log #1:48-2:04.) (Gillespie, Saudia) (Entered: 01/08/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 1/5/2018, Entered: None Unknown Document TypeCourt Filing
Letter to Judge Gold re. status conference by John S. Pereira, Chapter 7 Trustee (Kessler, Scott) (Entered: 01/05/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 1/3/2018, Entered: None Unknown Document TypeCourt Filing
ORDER ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER, Defendants are directed to show cause on January 5th, 2018 at 11:00, a.m., before the Hon. I. Leo Glasser at Courtroom 8B South, United States District Court, Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201, why an order should not be issued pursuant to Rule 65 of the Fed.R.Civ.Pr. to restrain and enjoin the Defendants and all persons and entities under their control, including their attorneys, agents, or employees, from their use and/or dissipation of any rents received from or proceeds generated by the Property, and further, why the Court should not enter a permanent injunction. (See Order for full details). Ordered by Judge I. Leo Glasser on 1/2/2018. (Layne, Monique) (Entered: 01/03/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 1/2/2018, Entered: None Unknown Document Type
Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by John S. Pereira, Chapter 7 Trustee (Kessler, Scott) (Entered: 01/02/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 1/2/2018, Entered: None Unknown Document Type
MOTION for Temporary Restraining Order and Preliminary Injunction by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Declaration in Support of Motion for TRO and Preliminary Injunction, # 2 Exhibit Citi Habitats listing) (Kessler, Scott) (Entered: 01/02/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 12/5/2017, Entered: None Unknown Document Type
Letter by Jennifer Capala, Pawel Capala, Fire Hill Holdings, LLC (Del Virginia, Gabriel) (Entered: 12/05/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 11/27/2017, Entered: None Unknown Document Type
MOTION to Compel Defendants to produce documents and information responsive to Discovery Demands, Provide New Deposition Dates, or if failure to comply, MOTION to Strike 10 Answer to Complaint and enter a Default Judgment by John S. Pereira, Chapter 7 Trustee. (Kessler, Scott) (Entered: 11/27/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 10/13/2017, Entered: None Unknown Document Type
Letter MOTION to Take Deposition from Jennifer Capala (November 28, 2017 at 10:00 a.m.); Pawel Capala (November 29, 2017 at 10:00 a.m.) and Fire Hill Holdings, LLC (November 30, 2017 at 10:00 a.m.) by John S. Pereira, Chapter 7 Trustee. (Kessler, Scott) (Entered: 10/13/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 9/13/2017, Entered: None Unknown Document TypeCourt Filing
Minute Entry: Initial Conference Hearing held on 9/13/2017 before Magistrate Judge Steven M. Gold. Kessler for plaintiff Del Virginia for defendants. The case management schedule proposed by the parties, calling among other things for completion of fact discovery by April 13, 2018, is approved. As the parties have indicated that they consent to reassignment of this action to a magistrate judge for all purposes, they shall promptly file an executed consent form. Interrogatories and document demands will be served by September 27. COUNSEL WILL SUBMIT A JOINT LETTER BY OCTOBER 13 SETTING FORTH SPECIFIC DATES AND LOCATIONS FOR EACH ANTICIPATED DEPOSITION TO BE "SO ORDERED" BY THE COURT. (Gillespie, Saudia) (Entered: 09/14/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 9/6/2017, Entered: None Unknown Document Type
ANSWER to 1 Complaint,, by All Defendants. (Del Virginia, Gabriel) (Entered: 09/06/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 8/4/2017, Entered: 8/4/2017 Unknown Document TypeCourt Filing
SCHEDULING ORDER: An in-person initial conference will be held at 12:00 p.m. on September 13, 2017 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 8/4/2017. (Attachments: # 1 Chambers Individual Rules) (Gillespie, Saudia)
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Legal Document (Payment Possibly Required) 8 Filed: 8/3/2017, Entered: 8/3/2017 Unknown Document Type
SUMMONS Returned Executed by John S. Pereira, Chapter 7 Trustee. Jennifer Capala served on 7/28/2017, answer due 8/18/2017; Pawel Capala served on 7/28/2017, answer due 8/18/2017; Fire Hill Holdings, LLC served on 7/28/2017, answer due 8/18/2017. (Campo, John)
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Legal Document (Payment Possibly Required) 7 Filed: 6/13/2017, Entered: 6/13/2017 Unknown Document Type
NOTICE of Change of ECF E-Mail and Address by John P. Campo (Campo, John)
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Legal Document (Payment Possibly Required) 6 Filed: 6/9/2017, Entered: 6/9/2017 Unknown Document Type
NOTICE of Appearance by Scott Michael Kessler on behalf of John S. Pereira, Chapter 7 Trustee (aty to be noticed) (Kessler, Scott)
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Legal Document (Payment Possibly Required) 5 Filed: 6/9/2017, Entered: 6/9/2017 Unknown Document Type
Notice of Related Case (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 4 Filed: 6/9/2017, Entered: 6/9/2017 Unknown Document Type
Summons Issued as to Jennifer Capala, Pawel Capala, Fire Hill Holdings, LLC. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 3 Filed: 6/9/2017, Entered: 6/9/2017 Unknown Document Type
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 2 Filed: 6/9/2017, Entered: 6/9/2017 Unknown Document Type
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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Legal Document (Payment Possibly Required) 1 Filed: 6/8/2017, Entered: 6/8/2017 Unknown Document Type
COMPLAINT TO AVOID AND RECOVER FRAUDULENT TRANSFERS OF PROPERTIES, TO SELL PROPERTIES FREE AND CLEAR OF LIENS AND ENCUMBRANCES, AND FOR AN ACCOUNTING AND TURNOVER against All Defendants filing fee $ 400, receipt number 0207-9587924 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by John S. Pereira, Chapter 7 Trustee. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit A Order Approving Joint Prosecution Agreement, # 4 Exhibit B Deed Frost Street Property, # 5 Exhibit C Deed Hillsdale Property, # 6 Exhibit D Debtor's Schedules A and C) (Campo, John)
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Legal Document (Payment Possibly Required)  Filed: 12/18/2018, Entered: None order on motion for extension of time to file
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Legal Document (Payment Possibly Required)  Filed: 9/5/2018, Entered: None Unknown Document Type
ORDER: Granting 52 Motion for Extension of Time to File. Plaintiff's expert rebuttal report is due September 28, 2018. Ordered by Magistrate Judge Steven M. Gold on 9/5/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 8/7/2018, Entered: None Unknown Document Type
ORDER granting in part and denying in part (645) Motion to Take Deposition in case 1:07-cv-03629-ILG-SMG. The motion is granted with respect to Trigon, Inc., Trigon Builders Inc., and Trigon Construction, Inc. based upon plaintiffs' allegations about when Trigon Inc. was formed and the acknowledgement by Robert and Pawel Capala that they were assisting its owner by transferring employees and clients to Trigon and working as consultants for it. The motion is denied without prejudice as to 62 Box Street LLC, 62 Box Funding L.P., 213 Greeen Street LLC, and 240 North Henry Realty, Inc. The allegations concerning these entities are speculative and conclusory. The most specific allegation is the suggestion, on page 3 of plaintiffs' letter, that plaintiffs "have reason to believe" that money their accountant asserts was "siphoned off from Capala Brothers, Inc." was somehow used to acquire 62 Box Street and 213 Grant Street. The "reasons to believe" this might be so are not detailed in plaintiffs' letter motion. Accordingly, the motion is denied with respect to these entities without prejudice to renewal based upon a more specific, detailed showing supported by documents or other evidence. Ordered by Magistrate Judge Steven M. Gold on 8/7/2018. Associated Cases: 1:07-cv-03629-ILG-SMG, 1:17-cv-03434-ILG-SMG (Gold, Steven)
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Legal Document (Payment Possibly Required)  Filed: 7/30/2018, Entered: None Unknown Document Type
ORDER: Granting (644) Motion for Extension of Time to File in case 1:07-cv-03629-ILG-SMG. The time to present subpoenas is extended to July 30, 2018. Ordered by Magistrate Judge Steven M. Gold on 7/30/2018. Associated Cases: 1:07-cv-03629-ILG-SMG, 1:17-cv-03434-ILG-SMG (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 7/28/2018, Entered: None Unknown Document Type
ORDER granting 50 Motion for Extension of Time to Complete Discovery as indicated in the minute entry docketed as 51 . Ordered by Magistrate Judge Steven M. Gold on 7/28/2018. (Gold, Steven)
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Legal Document (Payment Possibly Required)  Filed: 6/22/2018, Entered: None Unknown Document Type
ORDER re 48 Letter filed by Fire Hill Holdings, LLC, Jennifer Capala, 47 Letter filed by John S. Pereira, Chapter 7 Trustee: Defendants, who seek additional time to produce documents, have known of their tardy entrance into the case through new counsel and of the urgency of moving forward promptly for months. Accordingly, the depositions will proceed on the dates already scheduled. Jennifer Capala and Fire Hill will use their best efforts to produce documents promptly. These defendants are alerted to their continuing duty to supplement their production. If additional documents are produced after the depositions, and plaintiff demonstrates that further deposition questioning of these defendants is therefore warranted, a second deposition will be permitted and it shall be at these defendants' expense. Defendants' expert report is due August 10, and plaintiff's expert report is due September 7, 2018.Ordered by Magistrate Judge Steven M. Gold on 6/22/2018. (Gold, Steven)
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Legal Document (Payment Possibly Required)  Filed: 6/7/2018, Entered: None Unknown Document Type
Cases associated With 07CV3629. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 6/7/2018, Entered: None Unknown Document Type
ORDER: The conference previously scheduled for June 18, 2018 is cancelled in light of the new schedule set at the telephone conference held on June 5, 2018. Ordered by Magistrate Judge Steven M. Gold on 6/7/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 6/5/2018, Entered: None Unknown Document Type
ORDER finding as moot 31 Motion to Compel; finding as moot 32 Motion for Extension of Time to File Response/Reply ; finding as moot 32 Motion for Discovery; finding as moot 33 Motion for Discovery; finding as moot 43 Motion for Extension of Time to Complete Discovery; finding as moot 13 Motion to Compel; finding as moot 13 Motion to Strike, all for reasons and to the extend indicated during the telephone conference held today. Ordered by Magistrate Judge Steven M. Gold on 6/5/2018. (Gold, Steven)
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Legal Document (Payment Possibly Required)  Filed: 6/4/2018, Entered: None Unknown Document Type
ORDER granting 44 Motion to Appear by Telephone. Counsel's motion to appear by telephone at the previously scheduled telephone conference on Tuesday, June 5, at 10:00 A.M. is granted. Counsel for plaintiffs is directed to arrange the call with opposing counsel and, when all parties are on the line, to call Chambers at (718) 613-2560. Ordered by Magistrate Judge Steven M. Gold on 6/4/2018. (Recca, Vincent)
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Legal Document (Payment Possibly Required)  Filed: 5/31/2018, Entered: None Unknown Document Type
SCHEDULING ORDER: re 43 Letter MOTION for Extension of Time to Complete Discovery and request for telephone conference filed by Fire Hill Holdings, LLC, Jennifer Capala. The Court will hold a telephone conference on Tuesday, June 5th, 2018 at 10:00 A.M. Counsel for plaintiffs is directed to arrange the call with defense counsel and, when all parties are on the line, to call Chambers at (718) 613-2560. Ordered by Magistrate Judge Steven M. Gold on 5/31/2018. (Recca, Vincent)
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Legal Document (Payment Possibly Required)  Filed: 4/10/2018, Entered: None Unknown Document Type
ORDER Granting 38 Motion for Extension of Time to File Response/Reply to plaintiff's docket entry 37, memorandum in opposition re motion to amend complaint and change venue. Defendant's shall file a reply by April 17, 2018. Ordered by Magistrate Judge Steven M. Gold on 4/10/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 3/20/2018, Entered: None Unknown Document Type
SCHEDULING ORDER: A telephone conference will be held at 11:30 a.m. on March 23, 2018 before the undersigned. Counsel for all parties must participate. Counsel shall be prepared to discuss the motions recently filed. Counsel for plaintiff is directed to arrange the call with all parties on the line, then call chambers at 718-613-2560. Ordered by Magistrate Judge Steven M. Gold on 3/20/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 3/5/2018, Entered: None Unknown Document Type
ORDER: The proposed scheduling order 30, is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 3/5/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 2/26/2018, Entered: None Unknown Document Type
ORDER: Granting 28 Motion to Substitute Attorney. Attorney Gabriel Del Virginia terminated. Ordered by Magistrate Judge Steven M. Gold on 2/26/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 2/26/2018, Entered: None Unknown Document Type
ORDER: Denying 29 Motion for Pre Motion Conference. A pre-motion conference is not required. Counsel shall confer and attempt to agree on a briefing schedule and submit a letter by March 9, 2018 proposing that schedule to the Court. Ordered by Magistrate Judge Steven M. Gold on 2/26/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 2/22/2018, Entered: None Unknown Document Type
ORDER denying 27 Motion to Substitute Attorney without prejudice to resubmission supported by a consent to change attorney form executed by the parties involved, Jennifer Capala and Fire Hill Holdings, LLC, and their existing counsel, Gabriel Del Virginia, Esq.. Ordered by Magistrate Judge Steven M. Gold on 2/22/2018. (Gold, Steven)
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Legal Document (Payment Possibly Required)  Filed: 2/21/2018, Entered: None Unknown Document Type
ORDER: The Consent Order for Preliminary Inunction filed as Docket Entry 25 is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 2/21/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 2/20/2018, Entered: None Unknown Document Type
Incorrect Case/Document/Entry Information: Inadvertently filed a minute entry belonging to another case on this docket. Minute entry deleted. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 2/14/2018, Entered: None Unknown Document Type
NOTICE of Hearing: Plaintiff's application for reinstatement of the TRO and for other relief [Document #638] will be heard on Thursday, February 15th at 2:30 p.m. in Courtroom 8B. (Kessler, Stanley)
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Legal Document (Payment Possibly Required)  Filed: 1/5/2018, Entered: None Unknown Document Type
SCHEDULING ORDER: The in-person status conference scheduled for today January 5, 2018 is adjourned to January 8, 2018 at 1:30 PM in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 1/5/2018. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 10/30/2017, Entered: None Unknown Document Type
ORDER: Granting 12 Motion to Take Depositions. A status conference is scheduled for JANUARY 5, 2018 AT 10:00 AM in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 10/30/2017. (Gillespie, Saudia)
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Legal Document (Payment Possibly Required)  Filed: 6/13/2017, Entered: None Unknown Document Type
ORDER REASSIGNING CASE. Case reassigned to Judge I. Leo Glasser for all further proceedings. Judge Roslynn R. Mauskopf no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 6/13/2017. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required)  Filed: 6/13/2017, Entered: None Unknown Document Type
Magistrate Judge Steven M. Gold added. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to case. (Bowens, Priscilla)
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Legal Document (Payment Possibly Required)  Filed: 6/9/2017, Entered: None order on motion for extension of time to file
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