Esses v. Rosen et al
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Cheryl L Pollak |
| Case #: | 1:24-cv-03605 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | May 17, 2024 |
| Terminated: | Jan 02, 2025 |
| Last checked: Wednesday Nov 13, 2024 3:39 AM EST |
|
Counter Claimant
Tanya Rosen
|
Represented By
|
|
Counter Claimant
Tanya Rosen Inc.
|
Represented By
|
|
Counter Defendant
Regina Esses
|
Represented By
|
|
Defendant
Tanya Rosen
|
Represented By
|
|
Defendant
Tanya Rosen Inc.
|
Represented By
|
|
Plaintiff
Regina Esses
|
Represented By
|
GPO
Oct 15 2024
ORDER: For the reasons set forth in the attached memorandum and order, plaintiff's 13 motion for a preliminary injunction is denied. Ordered by Judge Rachel P. Kovner on 10/15/2024. (BRS) |
| Docket last updated: 3 hours ago |
| Thursday, January 02, 2025 | ||
| 21 | 21
misc
Stipulation of Dismissal
Thu 01/02 3:55 PM
STIPULATION of Dismissal Stipulation of Discontinuance by Regina Esses (Weg, Jasmine) |
|
|
order
Order Dismissing Case
Thu 01/02 6:35 PM
ORDER DISMISSING CASE: The21 stipulation of dismissal is so-ordered. This case is dismissed with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Ordered by Judge Rachel P. Kovner on 1/2/2025. (BRS) |
||
| Monday, December 02, 2024 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Mon 12/02 8:37 AM
ELECTRONIC ORDER granting20 Motion for Extension of Time to Complete Discovery. Deadline for plaintiff to serve discovery demands extended to 12/30/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/2/2024. (KCA) |
||
| Wednesday, November 27, 2024 | ||
| 20 | 20
motion
Extension of Time to Complete Discovery
Wed 11/27 1:27 PM
MOTION for Extension of Time to Complete Discovery by Regina Esses. (Weg, Jasmine) |
|
| Monday, November 04, 2024 | ||
| 19 | 19
respoth
Reply in Opposition
Mon 11/04 5:58 PM
REPLY in Opposition filed by Regina Esses. (Weg, Jasmine) |
|
| Tuesday, October 29, 2024 | ||
| 18 | 18
2
pgs
respoth
Memorandum in Opposition
Tue 10/29 4:57 PM
MEMORANDUM in Opposition to Plaintiff's Motion for Leave filed by All Defendants. (Schwartz, Madeleine) |
|
| Tuesday, October 15, 2024 | ||
| 17 | 17
11
pgs
order
Order on Motion for Preliminary Injunction
Tue 10/15 3:18 PM
ORDER: For the reasons set forth in the attached memorandum and order, plaintiff's13 motion for a preliminary injunction is denied. Ordered by Judge Rachel P. Kovner on 10/15/2024. (BRS) |
|
|
order
Order(Other)
Tue 10/15 3:20 PM
ORDER: Defendants are directed to respond to plaintiff's motion for leave to file a supplemental complaint at13 -4 and13 -5 on or before 10/29/2024. Plaintiff may file a reply, if any, on or before 11/5/2024. Ordered by Judge Rachel P. Kovner on 10/15/2024. (BRS) |
||
| Friday, October 04, 2024 | ||
|
order
~Util - Set Deadlines/Hearings
Fri 10/04 11:05 AM
A Status Conference is set for 2/5/2025 @ 10:15 AM before Magistrate Judge Cheryl L. Pollak. The conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:15 AM. Enter Meeting ID: 022-788-537 (DC) |
||
| Wednesday, October 02, 2024 | ||
|
minutes
Initial Conference Hearing ~Util - Set Hearings
Wed 10/02 4:32 PM
MINUTE ENTRY for Initial Conference proceeding held before Magistrate Judge Cheryl Pollak on 10/1/2024. Appearance for Plaintiffs: Jasmine Weg. Appearance for Defendants: Rick Ostrove. Parties to exchange doc requests and interrogatories by 11/29/2024 - responses 1/30/2025. Status conference set for 2/5/2025 @ 10:15 AM. The conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:15 AM . Enter Meeting ID: 022-788-537. (DC) |
||
| Tuesday, October 01, 2024 | ||
| 16 | 16
misc
Proposed Scheduling Order
Tue 10/01 12:43 PM
Proposed Scheduling Order by Regina Esses (Weg, Jasmine) |
|
| Thursday, September 26, 2024 | ||
| 15 | 15
respoth
Reply in Support
Thu 09/26 5:07 PM
REPLY in Support filed by Regina Esses. (Weg, Jasmine) |
|
| Wednesday, September 18, 2024 | ||
| 14 | 14
respoth
Reply in Opposition
Wed 09/18 10:53 PM
REPLY in Opposition to Preliminary Injunction filed by Tanya Rosen, Tanya Rosen Inc.. (Ostrove, Rick) |
|
| Saturday, September 07, 2024 | ||
|
order
Order on Motion for TRO Order on Motion for Preliminary Injunction
Sat 09/07 3:04 PM
ORDER: The Court is in receipt of plaintiff's13 motion, by order to show cause, for a temporary restraining order and preliminary injunction. Plaintiff's13 motion for a temporary restraining order is denied because plaintiff has not established that "immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1). A plaintiff seeking a temporary restraining order or a preliminary injunction must generally prove that the same elements are satisfied. Grayson v. Equifax Credit Info. Servs. , No. 18-cv-6977, 2019 WL 1862929, at *1 (E.D.N.Y. Apr. 24, 2019). Those elements require Plaintiff to: "establish (1) irreparable harm; (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious questions going to the merits of [his] claims to make them fair ground for litigation, plus a balance of the hardships tipping decidedly in favor of the moving party; and (3) that a preliminary injunction is in the public interest." Conn. State Police Union v. Rovella , 36 F.4th 54, 62 (2d Cir. 2022) (internal quotation marks omitted). "Irreparable harm is injury that is neither remote nor speculative, but actual and imminent and that cannot be remedied by an award of monetary damages." New York v. U.S. Dep't of Homeland Security , 969 F.3d 42, 86 (2d Cir. 2020). When seeking a temporary restraining order, the movant must also show that the irreparable harm asserted "will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1). Regardless of whether plaintiff has satisfied the other elements required for a temporary restraining order, plaintiff has not established, at this early stage, a likelihood that "immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." See Fed. R. Civ. P. 65(b)(1). Plaintiff argues she is currently and will continue to suffer irreparable harm in the form of reputational harm and threats to her personal safety. See Mem of L. in Supp. of Mot. for Proposed Order to Show Cause 4 (Dkt. #13-6). Plaintiff's fear for her personal safety stems from a "recent break-in at [her] home," ibid. , but plaintiff implicitly concedes that any link between the break-in and defendants' alleged misconduct is speculative, ibid. (noting that plaintiff "fears" the break-in "is connected" to defendants' alleged misconduct). See Miller v. Madison , No. 1:12-CV-0874 (LEK) (CFH), 2013 WL 375483, at *4 (N.D.N.Y. Jan. 30, 2013) (denying preliminary injunction and noting that "because the individuals directly responsible for Plaintiff's current suffering are third parties, it remains entirely speculative that an order instructing Defendant to declare that Plaintiff had not committed fraud... would remedy Plaintiff's injury"). And plaintiff provides inadequate support for her claim that the reputational harm she has endured and continues to face is irreparable. Plaintiff only submits evidence of a single lost client along with a few conclusory paragraphs in her own and her attorney's declarations. See Affirmation of Jasmine Weg 15 (Dkt. #13-4); Proposed Order to Show Cause 19-21 (Dkt. #13); Proposed Order to Show Cause Ex. 2 (Dkt. #13-3); see also, e.g. , Atari Interactive, Inc. v. Printify, Inc. , No. 23-CV-8926 (SHS), 2024 WL 476493, at *8-9 (S.D.N.Y. Jan. 25, 2024) (denying preliminary injunction request because "conclusory statements of loss of reputation... constitute an insufficient basis for a finding of irreparable harm"); M.V. Music v. V.P. Recs. Retail Outlet, Inc., 653 F. Supp. 3d 31, 40 (E.D.N.Y. 2023) (similar). Such evidence is insufficient to justify the extraordinary relief of a temporary restraining order, particularly where plaintiff "seek[s] damages to compensate [her] for many of the injuries [s]he claims [s]he has or will suffer as a result of Defendants' actions. Rush v. Hillside Buffalo, LLC , 314 F. Supp. 3d 477, 485 (W.D.N.Y. 2018); see Proposed Supplemental Compl. 20-22, 32, 36 (Dkt. #13-5). Plaintiff's 13 motion for a temporary restraining order is therefore denied. With respect to plaintiff's request for a preliminary injunction in the same 13 motion, defendants are directed to respond on or before 9/20/2024 and plaintiff may file a reply, if any, on or before 9/27/2024. Ordered by Judge Hector Gonzalez, miscellaneous duty judge, on 9/7/2024. (BRS) |
||
| Friday, September 06, 2024 | ||
| 13 | 13
motion
Temporary Restraining Order Preliminary Injunction
Fri 09/06 2:40 PM
First MOTION for Temporary Restraining Order , First MOTION for Preliminary Injunction by Regina Esses. (Weg, Jasmine) |
|
|
Att: 1
Declaration Declaration of Rachel Esses,
|
||
|
Att: 2
Exhibit Seiruv and Instructions,
|
||
|
Att: 3
Exhibit Communications from client,
|
||
|
Att: 4
Affidavit in Support Affirmation of Attorney in Support,
|
||
|
Att: 5
Proposed Supplemental Complaint,
|
||
|
Att: 6
Memorandum in Support Memorandum of Law
|
||
| Friday, August 30, 2024 | ||
| 12 | 12
order
Scheduling Order
Fri 08/30 11:19 AM
SCHEDULING ORDER: An Initial Conference is set for 10/1/2024 @ 2:15 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via CISCO conference call. Please dial 571-353-2301 at 2:15 PM. Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/30/2024. (DC) |
|
| Thursday, August 15, 2024 | ||
| 11 | 11
18
pgs
answer
Answer to Counterclaim
Thu 08/15 12:29 PM
Reply to Counterclaims ANSWER to8 Answer to Amended Complaint, Counterclaim by Regina Esses. (Weg, Jasmine) |
|
| Thursday, June 20, 2024 | ||
|
order
Order on Motion to Remand to State Court
Thu 06/20 11:26 AM
ORDER: The10 stipulation is so-ordered. Plaintiff's6 motion to remand to state court is deemed withdrawn. Defendants' counterclaim pursuant to the Lanham Act is dismissed without prejudice. Plaintiff shall respond to defendants' remaining counterclaims by 9/12/2024. Ordered by Judge Rachel P. Kovner on 6/20/2024. (XW) |
||
| Wednesday, June 19, 2024 | ||
| 10 | 10
2
pgs
misc
Stipulation
Wed 06/19 1:15 PM
STIPULATION by Tanya Rosen, Tanya Rosen Inc. (Ostrove, Rick) |
|
| Monday, June 10, 2024 | ||
|
order
Order on Motion for Extension of Time to File
Mon 06/10 10:05 AM
ORDER: The9 consent motion for extension of time is granted. Defendants shall file their opposition to plaintiff's motion to remand by 6/25/2024; plaintiff may file a reply, if any, by 7/2/2024. Plaintiff shall respond to defendants' counterclaims by 7/24/2024. Ordered by Judge Rachel P. Kovner on 6/10/2024. (XW) |
||
| Friday, June 07, 2024 | ||
| 9 | 9
motion
Extension of Time to File Document
Fri 06/07 12:18 PM
Letter MOTION for Extension of Time to File by Tanya Rosen, Tanya Rosen Inc.. (Ostrove, Rick) |
|
| Monday, June 03, 2024 | ||
| 8 | 8
45
pgs
answer
Answer to Amended Complaint Counterclaim
Mon 06/03 3:27 PM
ANSWER to7 Amended Complaint , COUNTERCLAIM against Regina Esses by Tanya Rosen Inc., Tanya Rosen. (Ostrove, Rick) |
|
| Tuesday, May 21, 2024 | ||
|
order
Order(Other)
Tue 05/21 2:06 PM
ORDER: Defendants are directed to respond to the6 motion to remand by 6/11/2024. Plaintiff may file a reply, if any, by 6/18/2024. Ordered by Judge Rachel P. Kovner on 5/21/2024. (XW) |
||
| Monday, May 20, 2024 | ||
| 7 | 7
cmp
Amended Complaint
Mon 05/20 11:51 PM
AMENDED COMPLAINT against Tanya Rosen, Tanya Rosen Inc., filed by Regina Esses. (Weg, Jasmine) |
|
| 6 | 6
motion
Remand to State Court
Mon 05/20 9:46 PM
First MOTION to Remand to State Court by Regina Esses. (Weg, Jasmine) |
|
|
Att: 1
Memorandum of Law
|
||
| 5 | 5
notice
Notice of Appearance
Mon 05/20 9:44 PM
NOTICE of Appearance by Jasmine Weg on behalf of Regina Esses (notification declined or already on case) (Weg, Jasmine) |
|
| Friday, May 17, 2024 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 05/17 4:17 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
|
| 3 | 3
misc
Clerks Notice of Rule 73
Fri 05/17 4:16 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
|
| 2 | 2
notice
Notice of Appearance
Fri 05/17 3:35 PM
NOTICE of Appearance by Brandon David Okano on behalf of Tanya Rosen, Tanya Rosen Inc. (aty to be noticed) (Okano, Brandon) |
|
| 1 | 1
notice
Notice of Removal
Fri 05/17 2:33 PM
NOTICE OF REMOVAL by Tanya Rosen, Tanya Rosen Inc. from New York State Supreme Court, County of Kings, case number 511278/2024. ( Filing fee $ 405 receipt number ANYEDC-17888315) (Ostrove, Rick) |
|
|
Att: 1
23 pgs
Exhibit Ex 1,
|
||
|
Att: 2
2 pgs
Exhibit Ex 2,
|
||
|
Att: 3
1 pgs
Exhibit Ex 3,
|
||
|
Att: 4
1 pgs
Exhibit Ex 4,
|
||
|
Att: 5
Civil Cover Sheet Civil Cover Sheet
|
||
|
misc
ECF Admission and Registration Notification - Removal
Fri 05/17 4:17 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
||