Hirsch v. Kairey et al
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | Vera M Scanlon |
| Case #: | 1:22-cv-05064 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Aug 24, 2022 |
| Last checked: Monday Feb 20, 2023 5:45 AM EST |
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Defendant
Jay R. Butterman
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Defendant
Elizabeth M. Kairey
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Plaintiff
Elliot M. Hirsch
7 Saxony Drive
Oakhurst, NJ 07755 |
GPO
Aug 28 2023
MEMORANDUM & ORDER: For the reasons stated, the requests to proceed in forma pauperis in Hirsch v. Butterman, No. 22-CV-5064 and Hirsch v. Butterman, No. 22-CV-5815 are granted. The complaints in Hirsch v. Butterman, No. 22-CV-5925; Hirsch v. Butterman, No. 22-CV-5815; and Hirsch v. Butterman, No. 22-CV-7167 are dismissed in their entirety. All pending motions in those three cases are disposed of via this Order.Hirsch's claims for IIED and civil conspiracy in Hirsch v. Butterman, No. 22-CV-5064 are likewise dismissed. That case will proceed as to the abuse of process claim against defendant Butterman. The Clerk of Court is respectfully directed to prepare and issue a summons for defendant Butterman. The U.S. Marshals are directed to serve the summons, the amended complaint, and this Order on this defendant without pre-payment of fees. The case is referred to Magistrate Judge Scanlon for pretrial supervision.Finally, the Court notes that Hirsch has filed numerous actions in this district and the Southern District of New York almost all of which relate to events that occurred in New York state court proceedings. "If a litigant has a history of filing vexatious, harassing or duplicative lawsuits, courts may impose sanctions, including restrictions on future access to the judicial system." Hong Mai Sa v. Doe, 406 F.3d 155, 158 (2d Cir. 2005). Indeed, in an August 23, 2021 order dismissing one such state court-related case, Chief Judge Swain of the Southern District warned Plaintiff against filing frivolous actions in that court. See Hirsch v. Quinones, No. 21-CV-6311, 2021 WL 3773640, at *4 (S.D.N.Y. Aug. 23, 2021).While one claim from these four cases will survive, this Court nevertheless warns Plaintiff that it will not tolerate vexatious or frivolous litigation. Here, for example, the bulk of defamation and IIED claims which are predicated on statements made by Hirsch's wife and her attorney in state court proceedings are plainly frivolous. Any further frivolous or vexatious filings will result in the issuance of an order to show cause why Plaintiff should not be barred from filing future lawsuits in this Court without first obtaining leave of the Court. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 44445 (1962). ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 8/28/2023. (AG) |
| Docket last updated: 4 hours ago |
| Monday, April 21, 2025 | ||
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order
Order(Other)
Mon 04/21 10:51 AM
ORDER: Defendant Butterman is not required to refile his motion to dismiss. ECF30 . The Court is in receipt of both parties' submissions on the motion to dismiss, which is taken under advisement. Ordered by Judge Eric R. Komitee on 4/21/2025. (MJS) |
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| Tuesday, April 08, 2025 | ||
| 38 | 38
misc
Letter
Tue 04/08 9:36 AM
Letter re: Clarification on Motion to Dismiss by Jay R. Butterman (Seiler, Jason) |
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| Monday, April 07, 2025 | ||
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order
Order(Other)
Mon 04/07 1:52 PM
ORDER: Hirsch responded to the Court's order to show cause by stating that he is a New Jersey citizen and alleging that "[u]pon information and belief, Defendant Jay R. Butterman is a citizen of New York City... permanently resides [there] and has lived and worked in Manhattan since at least 2018." ECF 36 at 1-2. Plaintiff bears the burden of establishing this Court's subject matter jurisdiction "in the same way as any other matter on which [he] bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Lujan v. Defs. of Wildlife , 504 U.S. 555, 561 (1992). At the motion to dismiss stage, Hirsch's allegations of citizenship are sufficient for the Court to assure itself of jurisdiction. However, to the extent the case progresses beyond a motion to dismiss, the parties should be prepared to present evidence of their citizenship. Because the Court is satisfied of its jurisdiction, it will proceed to consider Mr. Butterman's motion to dismiss, ECF30 . Hirsch also requests "clarification as to whether the Court considers him an attorney," noting that he has not yet been admitted to the New Jersey bar. ECF No. 36 at 2. The Court understands Hirsch to be seeking reconsideration of any conclusion that he is due no special solicitude because he is an attorney. The Court reiterates that the "degree of solicitude" due a particular pro se litigant "may be lessened where the particular pro se litigant is experienced in litigation and familiar with the procedural setting presented," even if he or she is not an attorney. Tracy v. Freshwater , 623 F.3d 90, 101-02 (2d Cir. 2010). Ordered by Judge Eric R. Komitee on 4/7/2025. (MJS) |
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| Wednesday, April 02, 2025 | ||
| 37 | 37
misc
Letter
Wed 04/02 4:56 PM
Letter to Judge Komitee from Elliot M. Hirsch regarding response to Order to Show cause being submitted. (ENE) |
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| Wednesday, March 26, 2025 | ||
| 36 | 36
misc
Letter
Thu 03/27 2:27 PM
Letter to Judge Komitee from Elliot Hirsch responding to Court's Order to Show Cause dated March 25th,2025. (ENE) |
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| Tuesday, March 25, 2025 | ||
| 35 | 35
3
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order to Show Cause ~Util - Terminate Motions
Tue 03/25 6:07 PM
ORDER: Hirsch invokes this Court's jurisdiction pursuant to 28 U.S.C. § 1332. But, on its face, the Complaint does not properly plead diversity of citizenship. Hirsch is therefore ordered to show cause why his case should not be dismissed for lack of federal jurisdiction, within twenty-one days of this order. The defendant's motion to dismiss is denied as moot, without prejudice to refile if plaintiff shows the Court has subject matter jurisdiction. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/25/2025. (MJS) |
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| Wednesday, January 24, 2024 | ||
| 34 | 34
respoth
Reply in Support
Wed 01/24 10:33 AM
REPLY in Support re33 Affidavit in Opposition to Motion,30 Notice of MOTION to Dismiss for Failure to State a Claim filed by Jay R. Butterman. (Seiler, Jason) |
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Att: 1
Memorandum in Support Memorandum of Law in Reply and Further Support
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| Monday, January 08, 2024 | ||
| 33 | 33
respm
Affidavit/Declaration in Opposition to Motion
Tue 01/09 11:09 AM
DECLARATION Of Plaintiff Pro Se Elliot M. Hirsch in Opposition to Defendants' Motion re29 Notice of MOTION to Dismiss for Failure to State a Claim ,30 Notice of MOTION to Dismiss for Failure to State a Claim filed by Elliot M. Hirsch. (ENE) |
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Att: 1
Continuation from Main Attachment,
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Att: 2
Continuation from Main Attachment
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| Thursday, January 04, 2024 | ||
| 32 | 32
misc
Letter
Mon 01/08 9:02 AM
Letter dated 1/4/2024 to Judge Komitee from Pro Se Plaintiff Elliot M. Hirsch regarding his opposition submission. See letter for further details. (ENE) |
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| Tuesday, December 19, 2023 | ||
| 31 | 31
misc
Letter
Wed 12/20 9:15 AM
Letter dated 12/19/2023 to Judge Komitee from Pro Se Plaintiff Elliot M. Hirsch requesting Pro Bono Counsel. See letter for further Details. (ENE) |
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| Monday, December 18, 2023 | ||
| 30 | 30
motion
Dismiss for Failure to State a Claim
Mon 12/18 6:45 PM
Notice of MOTION to Dismiss for Failure to State a Claim by Jay R. Butterman. (Seiler, Jason) |
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Att: 1
Declaration Declaration in Support of MTD,
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Att: 2
Exhibit A - Decision After Trial in Divorce Action,
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Att: 3
Exhibit B - Plaintiff's Cross Motion in Divorce Action,
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Att: 4
Exhibit C - Transcript from Cross Motion Argument,
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Att: 5
Exhibit D - Decision and Order on Plaintiff's Cross Motion,
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Att: 6
Exhibit E - Plaintiff's Abandoned Appeal re: Cross Motion,
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Att: 7
Exhibit F - Plaintiff's Second Amended Complaint,
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Att: 8
Exhibit G - Kairey Affidavit in Divorce Action,
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Att: 9
Memorandum in Support Memorandum of Law
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| Sunday, December 17, 2023 | ||
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order
Order on Motion for Leave to Electronically File Document under Seal
Sun 12/17 4:09 PM
ORDER denying26 Motion for Leave to Electronically File Document under Seal Counsel is directed to either file your original document unsealed or not at all.. The Court has reviewed Defendant's motion to file under seal26 . Although the Court is sensitive to the personal nature of some of the listed documents, court dockets are presumptively open to the public under the First Amendment. This presumption is overcome only when sealing is "essential to preserve higher values and is narrowly tailored to serve that interest." Hartford Courant Co. v. Pellegrino , 380 F.3d 83, 96 (2d Cir. 2004). Because defendant Butterman acknowledges that the documents in question are "not confidential," and because they are to be filed in support of a motion to dismiss - a judicial document, see Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110, 119-20 (2d Cir. 2006) -- the motion to file under seal is DENIED. The defendant may, if he chooses, file a renewed motion to redact specific personal identifying information contained in these documents, in lieu of a request for sealing wholesale. Ordered by Judge Eric R. Komitee on 12/17/2023. (ALR) |
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| Friday, December 15, 2023 | ||
| 29 | 29
motion
Dismiss for Failure to State a Claim
Fri 12/15 11:59 AM
Notice of MOTION to Dismiss for Failure to State a Claim by Jay R. Butterman. (Seiler, Jason) |
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Att: 1
Declaration Declaration in Support of MTD,
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Att: 2
Exhibit Exhibit A - Decision After Trial (Filed Under Seal),
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Att: 3
Exhibit Exhibit B - Plaintiff's Cross Motion (Filed Under Seal),
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Att: 4
Exhibit Exhibit C - Transcript from Cross Motion Argument (Filed Under Seal),
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Att: 5
Exhibit Exhibit D - Decision and Order on Plaintiff's Cross Motion (Filed Under Seal),
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Att: 6
Exhibit Exhibit E - Plaintiff's Abandoned Appeal re: Cross Motion (Filed Under Seal),
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Att: 7
Exhibit Exhibit F - Plaintiff's Second Amended Complaint,
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Att: 8
Exhibit Exhibit G - Kairey Affidavit in Divorce Action,
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Att: 9
Memorandum in Support Memorandum of Law
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| Thursday, December 14, 2023 | ||
| 28 | 28
misc
Letter
Thu 12/14 2:36 PM
Letter In Response to Plaintiff by Jay R. Butterman (Seiler, Jason) |
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| Tuesday, December 12, 2023 | ||
| 27 | 27
misc
Letter
Thu 12/14 9:34 AM
Letter dated 12/12/2023 to Judge Komitee from Pro Se Plaintiff Elliot M. Hersch requesting an opportunity to submit a response to a Motion. See letter for further details. (ENE) |
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| 26 | 26
motion
Leave to Electronically File Document under Seal
Tue 12/12 1:17 PM
First MOTION for Leave to Electronically File Document under Seal by Jay R. Butterman. (Seiler, Jason) |
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Att: 1
Exhibit Exhibit A - Decision After Trial issued in the underlying divorce action,
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Att: 2
Exhibit Exhibit B - Plaintiffs Cross Motion in the underlying divorce action seeking an investigation of the Defendant for extortion,
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Att: 3
Exhibit Exhibit C - Transcript from the oral argument pertaining to Exhibit B,
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Att: 4
Exhibit Exhibit D - Decision and Order denying Plaintiffs Cross Motion,
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Att: 5
Exhibit Exhibit E - Plaintiffs abandoned appeal with respect to Exhibit D
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| Monday, October 30, 2023 | ||
| 25 | 25
cmp
Amended Complaint
Fri 11/03 3:39 PM
SECOND AMENDED COMPLAINT against Jay R. Butterman, filed by Elliot M. Hirsch. (ENE) |
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| Wednesday, October 25, 2023 | ||
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minutes
Pre Motion Conference
Wed 10/25 11:51 AM
Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pre Motion Conference held on 10/25/2023. Appearances: Plaintiff Elliot Hirsch, appearing pro se ; Jason Seiler appears as counsel for defendant Jay Butterman (also present). Plaintiff is granted leave to amend his complaint by November 15, 2023. The second amended complaint shall remove the claims previously dismissed and add factual allegations to the sole remaining claim, abuse of process. Defendant shall answer or move to dismiss the second amended complaint by December 15, 2023. If Defendant moves to dismiss the complaint, Plaintiff shall file his opposition by January 12, 2024. Defendant shall reply, if he chooses, by January 24, 2024. By November 3, 2023, Plaintiff shall file a letter advising the Court how he intends to proceed with the case 23-cv-6986 Hirsch v. Butterman , et al. (AG) |
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| Monday, October 02, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Mon 10/02 10:00 AM
ORDER granting23 Motion for Pre Motion Conference -- A telephone pre-motion conference will be held on October 25, 2023, at 10:30 a.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 10/2/2023. (AG) |
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| Friday, September 15, 2023 | ||
| 24 | 24
service
Summons Returned Executed
Fri 09/15 4:45 PM
SUMMONS Returned Executed by Elliot M. Hirsch. Jay R. Butterman served on 9/11/2023, answer due 10/2/2023. (SG) |
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| Thursday, September 14, 2023 | ||
| 23 | 23
motion
Pre Motion Conference
Thu 09/14 3:21 PM
MOTION for pre motion conference by Jay R. Butterman. (Seiler, Jason) |
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| 22 | 22
notice
Notice of Appearance
Thu 09/14 3:19 PM
NOTICE of Appearance by Jason H Seiler on behalf of Jay R. Butterman (aty to be noticed) (Seiler, Jason) |
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| Wednesday, August 30, 2023 | ||
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utility
Incorrect Case-Document Information
Wed 08/30 10:44 AM
Incorrect Case/Document/Entry Information -- The Judgment erroneously entered on the docket of this case on August 29, 2023, has been deleted. (AG) |
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| Monday, August 28, 2023 | ||
| 21 | 21
service
Summons Issued
Mon 08/28 3:37 PM
Summons Issued as to Jay R. Butterman. (VM) |
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| 20 | 20
29
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 08/28 12:04 PM
MEMORANDUM & ORDER : For the reasons stated, the requests to proceed in forma pauperis in Hirsch v. Butterman , No. 22-CV-5064 and Hirsch v. Butterman , No. 22-CV-5815 are granted. The complaints in Hirsch v. Butterman , No. 22-CV-5925; Hirsch v. Butterman , No. 22-CV-5815; and Hirsch v. Butterman , No. 22-CV-7167 are dismissed in their entirety. All pending motions in those three cases are disposed of via this Order. Hirsch's claims for IIED and civil conspiracy in Hirsch v. Butterman , No. 22-CV-5064 are likewise dismissed. That case will proceed as to the abuse of process claim against defendant Butterman. The Clerk of Court is respectfully directed to prepare and issue a summons for defendant Butterman. The U.S. Marshals are directed to serve the summons, the amended complaint, and this Order on this defendant without pre-payment of fees. The case is referred to Magistrate Judge Scanlon for pretrial supervision. Finally, the Court notes that Hirsch has filed numerous actions in this district and the Southern District of New York almost all of which relate to events that occurred in New York state court proceedings. "If a litigant has a history of filing vexatious, harassing or duplicative lawsuits, courts may impose sanctions, including restrictions on future access to the judicial system." Hong Mai Sa v. Doe , 406 F.3d 155, 158 (2d Cir. 2005). Indeed, in an August 23, 2021 order dismissing one such state court-related case, Chief Judge Swain of the Southern District warned Plaintiff against filing frivolous actions in that court. See Hirsch v. Quinones , No. 21-CV-6311, 2021 WL 3773640, at *4 (S.D.N.Y. Aug. 23, 2021). While one claim from these four cases will survive, this Court nevertheless warns Plaintiff that it will not tolerate vexatious or frivolous litigation. Here, for example, the bulk of defamation and IIED claims which are predicated on statements made by Hirsch's wife and her attorney in state court proceedings are plainly frivolous. Any further frivolous or vexatious filings will result in the issuance of an order to show cause why Plaintiff should not be barred from filing future lawsuits in this Court without first obtaining leave of the Court. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 44445 (1962) . ORDER ATTACHED . Ordered by Judge Eric R. Komitee on 8/28/2023. (AG) |
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order
Order on Motion for Sanctions
Mon 08/28 4:40 PM
ORDER -- The unsigned Order to Show Cause4 and Letter MOTION for sanctions9 are denied. Hirsch has not demonstrated that he is entitled to the relief he seeks, and in any case, the Court lacks jurisdiction to issue such relief, which would require federal interference with a state court proceeding. The Court also notes that Hirsch sought the same relief by filing disqualification motions in that proceeding for decision by the state court. Ordered by Judge Eric R. Komitee on 8/28/2023. (AG) |
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| Thursday, August 10, 2023 | ||
| 19 | 19
misc
Letter
Thu 08/10 12:33 PM
Letter dated 8/10/2023 from Elliot M. Hirsch to Judge Eric Komitee, informing the Court that pltff is now receiving emails via ECF service in the above captioned cases. Pltff respectfully request that this Court expedite screening the complaints in his cases and that of Case #22-cv-5011. Pltff sumbits Ms. Elizabeth Kairey's e-mail and physical address, where she resides during the summer months. Pltff further states that Ms. Kairey along with her co-defts are intentionally avoiding service of process and Ms. Kairey could be easily served via e-mail. (SG) |
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utility
Email Test
Thu 08/10 8:29 AM
Email Notification Test - DO NOT REPLY (AG) |
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| Wednesday, August 09, 2023 | ||
| 18 | 18
misc
Letter
Wed 08/09 5:24 PM
Letter dated 8/8/2023 from Elliot M. Hirsch to Judge Eric Komitee, seeking a status update from the Court to address pltff not receiving e-mail notifications on several of his cases. (SG) |
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| Thursday, July 13, 2023 | ||
| 17 | 17
misc
Letter
Fri 07/14 5:11 PM
Letter dated 7/13/2023 from Elliot M. Hirsch to Judge Eric Komitee, requesting that this Court address the above-captioned matters in a timely fashion. (SG) |
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| Tuesday, May 02, 2023 | ||
| 16 | 16
notice
Notice(Other)
Thu 05/04 3:16 PM
NOTICE of (2nd) Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, filed by Elliot M. Hirsch. (SG) (SG) (Main Document 16 replaced on 5/4/2023) (SG). Modified on 5/4/2023 to state that Pltff previously filed said document on 8/24/2022. (SG) |
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| Friday, April 14, 2023 | ||
| 15 | 15
misc
Letter
Mon 04/17 4:36 PM
Letter dated 4/14/2023 from Elliot Hirsch to Judge Eric Komitee, seeking to obtain a status update of this action and requesting that the Court address the pending IFP application. (SG) |
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| Monday, October 31, 2022 | ||
| 13 | 13
misc
Letter
Wed 11/02 3:23 PM
Letter dated 10/31/2022 from Elliot M. Hirsch to Judge Eric Komitee, re: Mr. Butterman's frivolous motion and requesting that the Court consider this filing nunc pro tunc to the OSC previously filed with this Honorable Court and if the Court can kindly address pltff's OSC; it would be much appreciated as pltff continues to suffer immense emotional distress constantly dealing with the ongoing unethical behavior being committed against pltff by Jay R. Butterman. (SG) |
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| Saturday, September 17, 2022 | ||
| 12 | 12
misc
Letter
Mon 09/19 5:00 PM
Letter dated 9/17/2022 from Elliot M. Hirsch to Judge Eric Komitee, regarding the recent order issued by Judge Quinones pertaining to pltff's divorce action. Pltff humbly request that the Court grant the IFP application, sign the OSC and issue the temporary injunction against Butterman. (w/enc.) (Galeano, Sonia) |
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| Wednesday, September 14, 2022 | ||
| 11 | 11
misc
Letter
Thu 09/15 3:46 PM
Letter dated 9/14/2022 from Elliot M, Hirsch to Judge Eric Komitee, re: affidavit of Jay Butterman and urgently requesting that this Court sign the pending OSC and issue an injunction against Butterman to forbid him fromhaving any contact with Ms. Kairey; and removing him from the pending divorce action. (Galeano, Sonia) |
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| Saturday, September 10, 2022 | ||
| 9 | 9
motion
Sanctions
Mon 09/12 2:42 PM
Letter MOTION for Sanctions re: counsel Jay Butterman and that he be permanently removed from his position as counsel for pltff's wife; and that he be permanently enjoined from harassing, and abusing pltff via frivolous litigation, filed by Elliot M. Hirsch. (Galeano, Sonia) |
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| Friday, September 09, 2022 | ||
| 10 | 10
misc
Letter
Mon 09/12 2:50 PM
Letter dated 9/9/2022 from Elliot M. Hirsch to Judge Eric Komitee, attaching proof of a signed OSC by the same Judge who revoked pltff's poor person status and who then granted me an 18b attorney. Pltff further states that Mr. Butterman shall immediately be sanctioned for committing a fraud upon this Court and for not informing this Court of the true facts regarding the divorce action. (Galeano, Sonia) |
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| Wednesday, September 07, 2022 | ||
| 8 | 8
misc
Letter
Thu 09/08 5:14 PM
Letter dated 9/7/2022 from Elliot M. Hirsch to Judge Eric Komitee, re: Mr. Butterman's continued unhinged violations of the Rules of Conduct governing New York attorneys. (Galeano, Sonia) |
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| 7 | 7
misc
Letter
Wed 09/07 1:57 PM
Letter dated 9-7-22 to Hon. Judge Eric Komitee by Jay R. Butterman (Butterman, Jay) |
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Att: 1
Exhibit
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| Thursday, September 01, 2022 | ||
| 6 | 6
cmp
Amended Complaint
Fri 09/02 10:44 AM
FIRST AMENDED COMPLAINT and Demand for Jury Trial against Jay R. Butterman, Elizabeth M. Kairey, filed by Elliot M. Hirsch. (Galeano, Sonia) Modified on 9/2/2022 (Galeano, Sonia) |
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| Tuesday, August 30, 2022 | ||
| 5 | 5
misc
Clerks Notice of Rule 73
Tue 08/30 4:41 PM
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. (Davis, Kimberly) |
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| Wednesday, August 24, 2022 | ||
| 4 | 4
Unsigned Order to Show Cause by Elliot M. Hirsch (Davis, Kimberly)
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Att: 1
Memorandum in Support
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| 3 | 3
Pro Se Consent to Electronic Notification by Elliot M. Hirsch (Davis, Kimberly)
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| 2 | 2
MOTION for Leave to Proceed in forma pauperis by Elliot M. Hirsch. (Davis, Kimberly)
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| 1 | 1
COMPLAINT against Jay R. Butterman, Elizabeth M. Kairey, filed by Elliot M. Hirsch. (Davis, Kimberly)
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Att: 1
Civil Cover Sheet
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