Khorosh et al v. U.S. Customs and Border Protection
Federal Civil Lawsuit New York Southern District Court, Case No. 1:08-cv-00543-AKH

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No Logo Sergio Khorosh, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Samuel Michael Braverman +1 718 293 1977 +1 718 293 5395 braverlaw@aol.com
No Logo Vera Khorosh, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Samuel Michael Braverman +1 718 293 1977 +1 718 293 5395 braverlaw@aol.com
v.
United States Customs & Border Protection United States Customs & Border Protection, Defendant
Officially listed as "U.S. Customs and Border Protection"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Sharon E. Frase +1 212 637 2329 +1 212 637 2937 sharon.frase@usdoj.gov
United States Department of Homeland Security, Immigration and Customs Enforcement United States Department of Homeland Security, Immigration and Customs Enforcement, Defendant
Officially listed as "U.S. Immigration and Customs Enforcement"
Office Foley Square
Filed 1/22/2008
Jury Demand None
Demand
Nature of Suit 690 - Forfeiture/Penalty: Other
Cause Section 28 U.S.C. § 1335 Interpleader Action
Jurisdiction U.S. Government Defendant
Disposition
County Kings
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag ECF
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Legal Document 16 Filed: 8/15/2008, Entered: 8/15/2008 Summons Returned Executed as to USA
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Service was accepted by In care of Michael Chertoff, Secretary of the Dept. of Homeland Security. Service was made by Mail. Document filed by Sergio Khorosh, Vera Khorosh. (Braverman, Samuel)
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    Legal Document 15 Filed: 8/15/2008, Entered: 8/15/2008 Summons Returned Executed as to USA
    SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Service was accepted by In care of Julie L. Myers, U.S. Immigration and Customs Enforcement. Service was made by Mail. Document filed by Sergio Khorosh, Vera Khorosh. (Braverman, Samuel)
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      Legal Document 14 Filed: 8/15/2008, Entered: 8/15/2008 Summons Returned Executed as to USA
      SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. U.S. Customs and Border Protection served on 7/24/2008, answer due 9/22/2008; U.S. Immigration and Customs Enforcement served on 7/24/2008, answer due 9/22/2008. Service was made by Mail. Document filed by Sergio Khorosh; Vera Khorosh. (Braverman, Samuel)
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        Blank -- Filed: 8/15/2008, Entered: 8/15/2008 Note Regarding Deleted Document
        ***DELETED DOCUMENT. Deleted document number [15] SUMMONS RETURN EXECUTED. The document was incorrectly filed in this case. (jeh)
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          Blank -- Filed: 7/28/2008, Entered: 7/28/2008 Note to Attorney to E-Mail PDF
          ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Samuel Michael Braverman for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document [13] Amended Complaint to: case_openings@nysd.uscourts.gov. (tro)
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            Legal Document 13 Filed: 7/24/2008, Entered: 7/25/2008 Amended Complaint
            AMENDED COMPLAINT amending [1] Complaint against U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection.Document filed by Sergio Khorosh, Vera Khorosh. Related document: [1] Complaint filed by Vera Khorosh, Sergio Khorosh.(tro) (dle).
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              Legal Document 12 Filed: 7/8/2008, Entered: 7/8/2008 OrderCourt Filing
              ORDER: It is hereby ordered that Immigration and Customs Enforcement is added as a party-defendant in this matter. That this matter is converted into an action seeking the return of currency under 18 U.S.C. 983(e) and property under F.R.C.P 41(g). That the Defendant's will notify the Plaintiff and the Court within 30 days of this order what property and currency it is holding and if such property will be returned to the Plaintiff or if the Defendant's will refuse to return such property and the grounds for such refusal. The property the defendant's agree to return shall in fact be returned and delivered to the office of counsel for the plaintiff within 60 days of the date of this order. It is further Ordered that the parties will submit legal argument on the grounds proffered by the defendant's for the refusal to return such property and/or currency and on the question of "What constitutes a "seizure" under the law: Is it actual taking of the property or legal action seeking forfeiture of property?" and any other related issue within 120 days of this order. (Signed by Judge Alvin K. Hellerstein on 7/7/2008) (jfe)
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                Legal Document 11 Filed: 5/7/2008, Entered: 5/7/2008 Reply Memorandum of Law in Oppisition to Motion
                SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: [8] MOTION to Dismiss. (Replaces prior filing which failed to attach exhibits). Document filed by Sergio Khorosh, Vera Khorosh. (Attachments: # (1) Exhibit Sergio Khoresh Affidavit, # (2) Exhibit Vera Khoresh Affidavit, # (3) Exhibit Robert Baum Affidavit, # (4) Exhibit Property Vouchers from Execution of Search Warrant, # (5) Exhibit Election of Proceedings and Coverletter, # (6) Exhibit August 2007 Customs Rejection Letter and Reply, # (7) Exhibit Customs November 2007 Rejection Letter)(Braverman, Samuel)
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                  Legal Document 10 Filed: 5/6/2008, Entered: 5/6/2008 Memorandum of Law in Opposition to Motion
                  FIRST MEMORANDUM OF LAW in Opposition re: [8] MOTION to Dismiss.. Document filed by Sergio Khorosh, Vera Khorosh. (Braverman, Samuel)
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                    Legal Document 9 Filed: 4/8/2008, Entered: 4/8/2008 Memorandum of Law in Support of Motion
                    MEMORANDUM OF LAW in Support re: [8] MOTION to Dismiss.. Document filed by U.S. Customs and Border Protection. (Frase, Sharon)
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                      Legal Document 8 Filed: 4/8/2008, Entered: 4/8/2008 Motion to Dismiss
                      MOTION to Dismiss. Document filed by U.S. Customs and Border Protection.(Frase, Sharon)
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                        Legal Document 7 Filed: 4/4/2008, Entered: 4/7/2008 Endorsed LetterCourt Filing
                        ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Sharon E. Frasc dated 4/3/08 re: The Government requests that it be permitted to serve and file an answer or motion to dismiss on or before April 8, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 4/4/08) (js)
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                          Legal Document 6 Filed: 2/26/2008, Entered: 2/26/2008 Summons Returned Executed
                          SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was made by Mail. Document filed by Sergio Khorosh, Vera Khorosh. (Braverman, Samuel)
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                            Legal Document 5 Filed: 2/26/2008, Entered: 2/26/2008 Summons Returned Executed
                            SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was made by Mail. Document filed by Sergio Khorosh, Vera Khorosh. (Braverman, Samuel)
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                              Legal Document 4 Filed: 2/26/2008, Entered: 2/26/2008 Summons Returned Executed
                              SUMMONS RETURNED EXECUTED Summons and Complaint served. U.S. Customs and Border Protection served on 1/23/2008, answer due 3/22/2008. Service was made by Mail. Document filed by Sergio Khorosh; Vera Khorosh. (Braverman, Samuel)
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                                Legal Document 3 Filed: 2/26/2008, Entered: 2/26/2008 Summons Returned Executed as to USA
                                SUMMONS RETURNED EXECUTED Summons and Complaint served. U.S. Customs and Border Protection served on 1/22/2008, answer due 3/22/2008. Service was accepted by Clerk, US Attorneys Office, SDNY. Document filed by Sergio Khorosh; Vera Khorosh. (Braverman, Samuel)
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                                  Blank -- Filed: 2/22/2008, Entered: 2/22/2008 Note to Attorney to E-Mail PDF
                                  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Samuel Michael Braverman for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document [2] Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (jeh)
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                                    Blank -- Filed: 2/20/2008, Entered: 2/20/2008 Note to Attorney to E-Mail PDF
                                    ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Samuel Michael Braverman for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document [1] Complaint, [2] Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (lb)
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                                      Blank 2 Filed: 1/22/2008, Entered: 1/25/2008 Rule 7.1 Corporate Disclosure Statement
                                      RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sergio Khorosh, Vera Khorosh.(jpo)
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                                        Legal Document 1 Filed: 1/22/2008, Entered: 1/25/2008 Complaint
                                        COMPLAINT against U.S. Customs and Border Protection. (Filing Fee $ 350.00, Receipt Number 638845)Document filed by Sergio Khorosh, Vera Khorosh.(jpo) (jeh).
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                                          Blank -- Filed: 1/22/2008, Entered: 1/25/2008 Case Designated ECF.
                                          Case Designated ECF. (jpo)
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                                            Blank -- Filed: 1/22/2008, Entered: 1/25/2008 Case Designation
                                            Magistrate Judge Andrew J. Peck is so designated. (jpo)
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                                              Blank -- Filed: 1/22/2008, Entered: 1/25/2008 Summons Issued as to USA
                                              SUMMONS ISSUED as to U.S. Customs and Border Protection, U.S. Attorney and U.S. Attorney General. (jpo)
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