Mendez et al v. Behar
| New York Eastern District Court | |
| Judge: | Joseph F Bianco |
| Referred: | Anne Y Shields |
| Case #: | 2:17-cv-03700 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jun 19, 2017 |
| Terminated: | Nov 13, 2018 |
| Last checked: Saturday Dec 16, 2017 5:26 AM EST |
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Defendant
Robert Behar
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Represented By
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Plaintiff
Katie Graziano
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Represented By
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Plaintiff
Jose Mendez
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Represented By
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| Docket last updated: 12 hours ago |
| Tuesday, November 13, 2018 | ||
| 25 | 25
1
pgs
order
Order Dismissing Case
Wed 11/14 9:24 AM
ORDER DISMISSING CASE with prejudice. The clerk of the court shall close the caseOrdered by Judge Joseph F. Bianco on 11/13/2018. (Bollbach, Jean) |
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| 24 | 24
misc
Stipulation of Dismissal
Tue 11/13 9:39 AM
STIPULATION of Dismissal with Prejudice by Katie Graziano, Jose Mendez (Calabrese, Justin) |
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| Friday, March 23, 2018 | ||
| 23 | 23
misc
Transcript
Fri 03/23 4:33 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 16, 2018, before Judge Joseph F. Bianco. Transcriber Writers Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (Kanellopoulos, John) |
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| Tuesday, March 06, 2018 | ||
| 22 | 22
answer
Answer to Counterclaim
Tue 03/06 2:21 PM
Plaintiffs ANSWER to21 Answer to Complaint, Counterclaim by Katie Graziano, Jose Mendez. (Calabrese, Justin) |
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| Thursday, February 15, 2018 | ||
| 21 | 21
answer
Answer to Complaint Counterclaim
Thu 02/15 5:10 PM
ANSWER to1 Complaint, , First COUNTERCLAIM against All Plaintiffs by Robert Behar. (Lafont, Richard) |
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| Tuesday, January 16, 2018 | ||
| 20 | 20
minutes
Status Conference
Wed 01/17 3:57 PM
Minute Entry for proceedings held before Judge Joseph F. Bianco: oral argumentheld on 1/16/2018 - argument heard and decision made on the record. (FTR Log #3:14 - 3:34.) (Bollbach, Jean) |
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| 19 | 19
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim ~Util - Set Deadlines/Hearings ~Util - Set Hearings
Wed 01/17 11:56 AM
ORDER denying13 Motion to Dismiss for Failure to State a Claim; Robert Behar answer due 2/16/2018.. Ordered by Judge Joseph F. Bianco on 1/16/2018. (Bollbach, Jean) |
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| Thursday, January 11, 2018 | ||
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order
Scheduling Order
Thu 01/11 12:19 PM
SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Tuesday, January 16, at 3:00 p.m., at which time the Court will orally rule on the pending motion. At the time of the conference, counsel for defendant shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/11/2018. (Baum, Sabrina) |
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| Wednesday, January 10, 2018 | ||
| 18 | 18
minutes
Status Conference
Thu 01/11 9:35 AM
Minute Entry for proceedings held before Judge Joseph F. Bianco: oral argument held on 1/10/2018; decision reserved (FTR Log #4:42-5:09.) (Bollbach, Jean) |
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| Tuesday, December 12, 2017 | ||
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order
Order on Motion to Adjourn Conference
Tue 12/12 9:57 AM
ORDER granting17 Motion to Adjourn Conference. By letter dated December 11, 2017, defendant requests to adjourn the oral argument scheduled for December 12, 2017 until January 10, 2018. IT IS HEREBY ORDERED that, on consent, defendant's request is granted. Oral argument concerning defendant's motion to dismiss the complaint is rescheduled for January 10, 2018 at 4:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/12/2017. (Baum, Sabrina) |
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| Monday, December 11, 2017 | ||
| 17 | 17
motion
Adjourn Conference
Mon 12/11 5:30 PM
First MOTION to Adjourn Conference and Oral Argument on Motion to Dismiss by Robert Behar. (Lafont, Richard) |
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| Monday, December 04, 2017 | ||
| 16 | 16
respoth
Reply in Support
Mon 12/04 6:17 PM
REPLY in Support of Defendant's Motion to Dismiss filed by Robert Behar. (Lafont, Richard) |
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| Monday, November 20, 2017 | ||
| 15 | 15
23
pgs
respoth
Memorandum in Opposition
Mon 11/20 5:01 PM
MEMORANDUM in Opposition to Defendant's Motion to Dismiss the Complaint filed by Katie Graziano, Jose Mendez. (Calabrese, Justin) |
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| Monday, October 16, 2017 | ||
| 14 | 14
motion
Dismiss for Failure to State a Claim
Mon 10/16 7:56 PM
First Motion to Dismiss for Failure to State a Claim by Robert Behar. (Lafont, Richard) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Mon 10/16 7:54 PM
First Motion to Dismiss for Failure to State a Claim by Robert Behar. (Lafont, Richard) |
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| Thursday, September 28, 2017 | ||
| 12 | 12
motion
Extension of Time to File Document
Thu 09/28 4:07 PM
First MOTION for Extension of Time to File Motion to Dismiss by Robert Behar. (Lafont, Richard) |
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order
Order on Motion for Extension of Time to File
Thu 09/28 4:57 PM
ORDER granting12 Motion for Extension of Time to File. By letter dated September 28, 2017, defendant requests, with plaintiffs' consent, an extension of time to file his motion to dismiss. IT IS HEREBY ORDERED that the request is granted. The motion shall be filed by October 16, 2017; the opposition shall be filed by November 20, 2017; and the reply shall be filed by December 4, 2017. Oral argument remains scheduled for December 12, 2017 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/28/2017. (Zbrozek, Alex) |
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| Monday, August 28, 2017 | ||
| 11 | 11
minutes
Telephone Conference ~Util - Set Hearings
Mon 08/28 2:57 PM
Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 8/28/2017, MOTION TO BE FILED BY 10/2/2017 ;RESPONSE BY 11/6/2017 ; REPLY BY 11/20/2017 ( oral argument set for 12/12/2017 04:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (FTR Log #ftr 2:20 - 2:30.) (Bollbach, Jean) |
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| Friday, August 25, 2017 | ||
| 10 | 10
respm
Response in Opposition to Motion
Fri 08/25 11:03 AM
RESPONSE in Opposition re7 Proposed Motion to Dismiss for Failure to State a Claim filed by Katie Graziano, Jose Mendez. (Calabrese, Justin) |
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| Tuesday, August 22, 2017 | ||
| 9 | 9
notice
Notice of Appearance
Tue 08/22 1:27 PM
NOTICE of Appearance by Mark Skolnick on behalf of Robert Behar (notification declined or already on case) (Skolnick, Mark) |
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| Monday, August 21, 2017 | ||
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order
Scheduling Order
Mon 08/21 4:25 PM
SCHEDULING ORDER: Due to a scheduling conflict, IT IS HEREBY ORDERED that the pre-motion conference that was previously scheduled to take place tomorrow, August 22, 2017 is adjourned to Monday, August 28, 2017 at 2:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/21/2017. (Consalvo, Mikayla) |
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| Friday, August 11, 2017 | ||
| 8 | 8
notice
Notice of Appearance
Fri 08/11 11:53 AM
NOTICE of Appearance by Mark Skolnick on behalf of Robert Behar (aty to be noticed) (Skolnick, Mark) |
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| Tuesday, August 08, 2017 | ||
| 7 | 7
motion
Dismiss for Failure to State a Claim
Tue 08/08 4:28 PM
Proposed Motion to Dismiss for Failure to State a Claim by Robert Behar. (Lafont, Richard) |
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order
Order on Motion to Dismiss for Failure to State a Claim
Tue 08/08 6:16 PM
ORDER granting7 Motion to Dismiss for Failure to State a Claim. The Court has received defendant's letter requesting a pre-motion conference in anticipation of moving to dismiss the complaint. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Tuesday, August 22, 2017 at 11:00 a.m. At that time, counsel for defendant shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiffs may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/8/2017. (Zbrozek, Alex) |
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| Friday, July 14, 2017 | ||
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order
Pretrial Order
Fri 07/14 8:51 AM
Electronic ORDER re6 : The Court hereby so orders the parties' stipulation6 and extends the time for Defendant, Robert Behar, to answer or otherwise respond to Plaintiff's summons and complaint until August 8, 2017. So Ordered by Magistrate Judge Anne Y. Shields on 7/14/2017. (Casalini, Rosalinde) |
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| Thursday, July 13, 2017 | ||
| 6 | 6
misc
Stipulation
Thu 07/13 2:07 PM
STIPULATION extending Defendant's time to answer Plaintiff's summons and complaint up to and including August 8, 2017 by Katie Graziano, Jose Mendez (Calabrese, Justin) |
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| Wednesday, June 21, 2017 | ||
| 5 | 5
service
Summons Issued
Wed 06/21 10:04 AM
Summons Issued as to Robert Behar. (McMahon, Carol) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Wed 06/21 10:01 AM
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:[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. (McMahon, Carol) |
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utility
Case Assigned/Reassigned
Wed 06/21 10:01 AM
Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) |
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| Tuesday, June 20, 2017 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 06/20 4:17 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (McMahon, Carol). |
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Att: 1
(6/21/2017) Additional Corrections
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| 2 | 2
notice
Notice of Appearance
Tue 06/20 10:39 AM
NOTICE of Appearance by Justin A. Calabrese on behalf of Katie Graziano, Jose Mendez (aty to be noticed) (Calabrese, Justin) |
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| Monday, June 19, 2017 | ||
| 1 | 1
COMPLAINT against Robert Behar filing fee $ 400, receipt number 0207-9616623 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jose Mendez, Katie Graziano. (Novikoff, Kenneth)
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2
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