Soudani v. Soudani
| New York Southern District Court | |
| Judge: | Philip M Halpern |
| Case #: | 7:23-cv-09905 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Nov 09, 2023 |
| Last checked: Tuesday May 07, 2024 5:01 AM EDT |
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Counter Claimant
Mout'z Soudani
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Represented By
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Counter Defendant
Eman Soudani
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Represented By
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Defendant
Mout'z Soudani
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Represented By
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Plaintiff
Eman Soudani
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Represented By
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| Docket last updated: 2 hours ago |
| Thursday, May 02, 2024 | ||
| 37 | 37
order
Order
Thu 05/02 1:24 PM
ORDER Because Defendant has not complied with the requirements of the Court's March 14, 2024 scheduling order, ECF No. 26, to make a settlement offer by April 26, 2024 or to submit a pre-conference letter by May 1, 2024, the settlement conference scheduled for May 3, 2024 is hereby ADJOURNED. A new date, along with new pre-conference deadlines, will be scheduled when the parties provide the Court with dates when both counsel and their clients are available. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (kj) |
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| Wednesday, April 03, 2024 | ||
| 36 | 36
misc
Proposed Stipulation and Order
Wed 04/03 3:31 PM
PROPOSED STIPULATION AND ORDER. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| Wednesday, March 27, 2024 | ||
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minutes
Pre-Motion Conference
Wed 03/27 3:58 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on 3/27/2024. Counsel for all parties appeared in person. As explained more fully on the record during the conference, the Court directed that: (1) defendant respond to the non-party subpoenas at the same time as plaintiff's document demands; and (ii) the parties meet and confer to resolve any additional issues with the subpoenas or document demands and to comply with the Court's individual practices regarding any discovery disputes. (Court Reporter Sue Ghorayeb) (mf) |
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| Tuesday, March 26, 2024 | ||
| 35 | 35
1
pgs
order
Order on Motion to Adjourn Conference
Tue 03/26 12:51 PM
ORDER granting33 Letter Motion to Adjourn Conference. Application granted. The in-person conference scheduled for March 27, 2024 at 11:00 a.m. is adjourned to March 27, 2024 at 12:00 p.m. SO ORDERED. Status Conference set for 3/27/2024 at 12:00 PM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 3/26/2024) (jca) |
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| 34 | 34
misc
Letter
Tue 03/26 11:01 AM
LETTER addressed to Judge Philip M. Halpern from Marc F. Scholl dated March 26, 2024 re: Defendant's letter requesting adjournment of conference. Document filed by Eman Soudani..(Scholl, Marc) |
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| 33 | 33
motion
Adjourn Conference
Tue 03/26 10:39 AM
LETTER MOTION to Adjourn Conference addressed to Judge Philip M. Halpern from Michael K. Burke, Esq. dated March 26, 2024. Document filed by Mout'z Soudani..(Burke, Michael) |
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| Friday, March 22, 2024 | ||
| 32 | 32
misc
Letter
Fri 03/22 8:19 PM
LETTER addressed to Judge Philip M. Halpern from Michael K. Burke, Esq. dated March 22, 2024 re: Response to Plaintiff's March 19, 2024 correspondence. Document filed by Mout'z Soudani..(Burke, Michael) |
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| 31 | 31
cmp
Amended Complaint
Fri 03/22 5:48 PM
AMENDED COMPLAINT amending1 Complaint,, against Mout'z Soudani with JURY DEMAND.Document filed by Eman Soudani. Related document:1 Complaint,,..(Middlemiss, Arthur) |
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Att: 1
Exhibit A - Property transfers in 1991 and 1998,
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Att: 2
Exhibit B - Photograph of cash sent by Defendant,
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Att: 3
Exhibit C - Defendant's letter to his son,
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Att: 4
Exhibit D - Letter to Plaintiff from Defendant,
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Att: 5
Exhibit E - Plaintiff's revocation of all powers of attorney,
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Att: 6
Exhibit F - Defendant's letter re: power of attorney revocation,
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Att: 7
Exhibit G - Defendant's response to Plaintiff's demand for return of Settlement Proceeds
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| Wednesday, March 20, 2024 | ||
| 30 | 30
order
Memo Endorsement ~Util - Set Hearings
Wed 03/20 5:35 PM
MEMO ENDORSEMENT on re:29 Letter, filed by Eman Soudani ENDORSEMENT: Defendant is directed to file a response to Plaintiff's March 19, 2024 letter (Doc. 29) by March 22, 2024. The Court will hold an in-person conference regarding Plaintiff's anticipated motion to compel on March 27, 2024 at 11:00 a.m. in Courtroom 520 of the White Plains Courthouse. SO ORDERED. (Status Conference set for 3/27/2024 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 3/20/2024) (jca) |
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| Tuesday, March 19, 2024 | ||
| 29 | 29
misc
Letter
Tue 03/19 6:38 PM
LETTER addressed to Judge Philip M. Halpern from Arthur D. Middlemiss dated March 19, 2024 re: request for pre-motion conference re: compliance with trust subpoenas. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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Att: 1
Exhibit A - Subpoena to Moutz F. Soudani and Elizabeth I. Ruttkay A/K/A Elizabeth Soudani Irrevocable Living Trust,
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Att: 2
Exhibit B - Subpoena to Moutz F. Soudani Grantor Trust,
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Att: 3
Exhibit C - Affidavits of Service
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| Monday, March 18, 2024 | ||
| 28 | 28
3
pgs
order
Order on Motion for Leave to File Document
Mon 03/18 3:26 PM
ORDER granting21 Letter Motion for Leave to File DocumentPlaintiff is granted leave to file the Amended Complaint by March 22, 2024. Defendant is granted leave to move to dismiss the Amended Complaint. The following briefing schedule shall govern Defendant's motion to dismiss. Defendant shall serve, but not file, the motion to dismiss on April 22, 2024. Plaintiff shall serve, but not file, his opposition on May 20, 2024. Defendant shall serve his reply, and all motion papers shall be filed, on June 3, 2024. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/18/2024) (jca) |
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utility
Set/Reset Deadlines
Mon 03/18 3:27 PM
Set/Reset Deadlines: Amended Pleadings due by 3/22/2024. Motions due by 6/3/2024. Responses due by 6/3/2024 Replies due by 6/3/2024. (jca) |
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| Friday, March 15, 2024 | ||
| 27 | 27
misc
Letter
Fri 03/15 4:47 PM
LETTER addressed to Judge Philip M. Halpern from Arthur D. Middlemiss dated March 15, 2024 re: Defendant's letter dated March 13, 2024. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| Thursday, March 14, 2024 | ||
| 26 | 26
order
Scheduling Order
Thu 03/14 12:08 PM
SCHEDULING ORDER: This conference will be conducted by video, using Microsoft Teams. A link and instructions will be provided to the parties by email prior to the conference. Should anyone experience any technical issues with the videoconferencing system, please contact Chambers at (914) 390-4070. (And as further set forth herein.) SO ORDERED. Settlement Conference set for 5/3/2024 at 02:15 PM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 3/14/2024) (jca) |
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| Wednesday, March 13, 2024 | ||
| 25 | 25
misc
Letter
Wed 03/13 4:03 PM
LETTER addressed to Judge Philip M. Halpern from Michael K. Burke, Esq. dated March 13, 2024 re: Response to Plaintiff's correspondence dated February 26, 2024. Document filed by Mout'z Soudani..(Burke, Michael) |
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minutes
Settlement Conference
Fri 05/03 11:51 AM
Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Pre-Settlement Conference held on 3/13/2024. Parties appeared by video. Adjourned to May 3, 2024 for a video settlement conference; separate scheduling order to be issued. (sbr) |
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| Wednesday, March 06, 2024 | ||
| 24 | 24
3
pgs
order
Order on Motion for Leave to File Document
Wed 03/06 3:49 PM
ORDER with respect to21 Letter Motion for Leave to File DocumentDefendant is directed to file a response, by March 13, 2024, to Plaintiff's February 26, 2024 letter motion (Doc. 21) seeking leave to file an Amended Complaint. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/6/2024) (jca) |
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utility
Set/Reset Deadlines
Wed 03/06 3:53 PM
Set/Reset Deadlines: Responses due by 3/13/2024 (jca) |
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| Tuesday, March 05, 2024 | ||
| 23 | 23
answer
Answer to Counterclaim
Tue 03/05 1:09 PM
ANSWER to17 Counterclaim. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| Wednesday, February 28, 2024 | ||
| 22 | 22
order
Scheduling Order
Wed 02/28 9:15 AM
RESCHEDULING ORDER: The video conference scheduled for Thursday, March 7, 2024 at 11:00 a.m. before Magistrate Judge Krause is hereby rescheduled to Wednesday, March 13, 2024 at 3:00 p.m. Prior to the conference, counsel will receive emails containing links and instructions for accessing the conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (kj) |
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| Monday, February 26, 2024 | ||
| 21 | 21
motion
Leave to File Document
Mon 02/26 6:01 PM
LETTER MOTION for Leave to File Amended Complaint and in response to Defendant's pre-motion letter addressed to Judge Philip M. Halpern from Arthur D. Middlemiss dated February 26, 2024. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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Att: 1
Exhibit A - Proposed Amended Complaint (Redline),
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Att: 2
Exhibit B - Proposed Amended Complaint (Clean)
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| Friday, February 23, 2024 | ||
| 20 | 20
order
Scheduling Order
Fri 02/23 9:40 AM
SCHEDULING ORDER: A conference is hereby scheduled for Thursday, March 7, 2024 at 11:00 a.m. before Magistrate Judge Krause. The purpose of this conference will be to discuss scheduling a settlement conference in this matter. This conference is to be attended by counsel only; parties themselves are not required to attend. The conference will take place via Microsoft Teams. Prior to the conference, counsel will receive emails containing links and instructions for accessing the conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (kj) |
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| Wednesday, February 21, 2024 | ||
| 19 | 19
1
pgs
order
Order Referring Case to Magistrate Judge
Wed 02/21 4:23 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/21/2024) (jca) |
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| 18 | 18
order
Scheduling Order
Wed 02/21 4:19 PM
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by 06/07/2024. The parties have conferred and their present best estimate of the length of the trial is 2-3 weeks. Motions due by 3/21/2024. Deposition due by 8/2/2024. Fact Discovery due by 6/18/2024. Expert Discovery due by 8/2/2024. Discovery due by 8/2/2024. Case Management Conference set for 9/4/2024 at 11:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 2/21/2024) (jca) |
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| Tuesday, February 20, 2024 | ||
| 17 | 17
cmp
Counterclaim Amended Answer to Complaints
Tue 02/20 1:12 AM
AMENDED ANSWER to1 Complaint,, with JURY DEMAND., COUNTERCLAIM against Eman Soudani. Document filed by Mout'z Soudani..(Burke, Michael) |
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minutes
Pre-Motion Conference ~Util - Set Hearings
Tue 02/20 6:12 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on 2/20/2024. Counsel for all parties appeared by telephone. Civil case discovery plan and scheduling order and Order of Reference to Magistrate Judge for settlement will be separately docketed. The Court permitted plaintiff to amend paragraph 18 of the complaint to allege that the defendant was domiciled in New York at the time the complaint was filed. Defendant may write to the Court if he learns during discovery that diversity jurisdiction does not exist. Plaintiff may write to the Court after reviewing the amended answer if there is a good faith basis to request a pre-motion conference. (Case Management Conference set for 9/4/2024 at 11:00 AM before Judge Philip M. Halpern.). (Court Reporter AT&T teleconference) (mf) |
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| Monday, February 19, 2024 | ||
| 16 | 16
misc
Letter
Mon 02/19 6:28 PM
FIRST LETTER addressed to Judge Philip M. Halpern from Michael Kennedy Burke dated 2/19/24 re: Subject Matter Jurisdiction and Statute of Limitations. Document filed by Mout'z Soudani..(Burke, Michael) |
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| Tuesday, February 13, 2024 | ||
| 15 | 15
misc
Proposed Case Management Plan
Tue 02/13 5:25 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| 14 | 14
misc
Letter
Tue 02/13 3:28 PM
LETTER addressed to Judge Philip M. Halpern from Arthur D. Middlemiss dated February 13, 2024 re: diversity of citizenship. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| Tuesday, January 23, 2024 | ||
| 13 | 13
order
Memo Endorsement ~Util - Set Hearings
Tue 01/23 10:36 AM
MEMO ENDORSEMENT on re:10 Letter, filed by Eman Soudani. ENDORSEMENT Plaintiff's request for a pre-motion conference on the anticipated motion to dismiss the counterclaims is granted. The Court ordered Defendant to file a letter in response to the pre-motion letter by January 17, 2024, which Defendant failed to do. (Doc. 12). The Court will hold a telephonic pre-motion conference on February 20, 2024 at 12:00 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. (Telephone Conference set for 2/20/2024 at 12:00 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 1/23/2024) (jca) |
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| Sunday, January 14, 2024 | ||
| 12 | 12
order
Memo Endorsement
Tue 01/16 9:41 AM
MEMO ENDORSEMENT on re:10 Letter request for pre-motion conference, filed by Eman Soudani. ENDORSEMENT: Defendant is directed to file a letter in response to Plaintiff's January 2, 2024 letter requesting a premotion conference (Doc. 10) by January 17, 2024. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/9/24) (yv) |
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| Wednesday, January 10, 2024 | ||
| 11 | 11
notice
Notice of Change of Address
Wed 01/10 3:29 PM
NOTICE OF CHANGE OF ADDRESS by Marc Frazier Scholl on behalf of Eman Soudani. New Address: Lewis Baach Kaufmann Middlemiss PLLC, 10 Grand Central, 155 East 44th Street, 25th Floor, New York, New York, United States of America 10017, (212) 826-7001..(Scholl, Marc) |
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| Tuesday, January 02, 2024 | ||
| 10 | 10
misc
Letter
Tue 01/02 11:36 AM
LETTER addressed to Judge Philip M. Halpern from Arthur D. Middlemiss dated January 2, 2024 re: request for pre-motion conference pursuant to Rule 2.C of the Court's Individual Practices in Civil Cases. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| Wednesday, December 27, 2023 | ||
| 9 | 9
notice
Notice of Hearing
Wed 12/27 11:14 AM
NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 2/20/2024 at 12:00 PM before Judge Philip M. Halpern..(jca) |
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| Monday, December 18, 2023 | ||
| 8 | 8
answer
Answer to Complaint Counterclaim
Mon 12/18 11:19 PM
ANSWER to1 Complaint,, with JURY DEMAND., COUNTERCLAIM against Eman Soudani. Document filed by Mout'z Soudani..(Burke, Michael) |
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| 7 | 7
notice
Notice of Appearance
Mon 12/18 11:17 PM
NOTICE OF APPEARANCE by Michael Kennedy Burke on behalf of Mout'z Soudani..(Burke, Michael) |
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| Monday, November 13, 2023 | ||
| 5 | 5
service
Summons Issued
Mon 11/13 12:15 PM
ELECTRONIC SUMMONS ISSUED as to Mout'z Soudani. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 11/13 11:55 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Arthur D. Middlemiss. The following case opening statistical information was erroneously selected/entered: Dollar Demand Blank. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 75,000. (vf) |
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notice
Case Opening Initial Assignment Notice
Mon 11/13 12:08 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Mon 11/13 12:08 PM
Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Mon 11/13 12:09 PM
Case Designated ECF. (vf) |
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| Friday, November 10, 2023 | ||
| 4 | 4
notice
Notice of Appearance
Fri 11/10 11:11 AM
NOTICE OF APPEARANCE by Marc Frazier Scholl on behalf of Eman Soudani..(Scholl, Marc) |
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| Thursday, November 09, 2023 | ||
| 3 | 3
service
Request for Issuance of Summons
Thu 11/09 12:15 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Mout'z Soudani, re:1 Complaint,,. Document filed by Eman Soudani..(Middlemiss, Arthur) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 11/09 12:09 PM
CIVIL COVER SHEET filed..(Middlemiss, Arthur) |
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| 1 | 1
cmp
Complaint
Thu 11/09 11:59 AM
COMPLAINT against Mout'z Soudani. (Filing Fee $ 402.00, Receipt Number ANYSDC-28548518)Document filed by Eman Soudani..(Middlemiss, Arthur) |
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Att: 1
Exhibit A - Property transfers in 1991 and 1998,
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Att: 2
Exhibit B - Photograph of cash sent by Defendant,
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Att: 3
Exhibit C - Defendant's letter to his son,
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Att: 4
Exhibit D - Letter to Plaintiff from Defendant,
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Att: 5
Exhibit E - Plaintiff's revocation of all powers of attorney,
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Att: 6
Exhibit F - Defendant's letter re: power of attorney revocation,
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Att: 7
Exhibit G - Defendant's response to Plaintiff's demand for return of Settlement Proceeds
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